PCRES 2009-022PLANNING COMMISSION RESOLUTION 2009-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
COLLOCATION OF SIX PANEL ANTENNAS ON AN EXISTING
TELECOMMUNICATIONS MONOPALM TOWER AT THE ADAMS
STREET STORQUEST STORAGE CENTER, SUBJECT TO
CONDITIONS
CASE NO.: CONDITIONAL USE PERMIT 2009-063, AMENDMENT #2
APPLICANT: ROYAL STREET COMMUNICATIONS CA, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California,. did, on the 281h day of July, 2009, hold a duly noticed Public
Hearing to consider a request by Royal Street Communications to allow the
collocation of six (6) panel antennas on an existing telecommunications
monopalm tower at the Storquest Storage Center, located at 46-600 Adams
Street, in the CP (Commercial Park) district, more particularly described as:
APN: 649-082-013
WHEREAS, on the 71h day of April, 2009, the Planning Department
mailed case file material to all affected agencies for their review and
comment, with all written comments received on file with the Planning
Department; and
WHEREAS, the Planning Department published the public
hearing notice in the Desert Sun newspaper on the 15`h day of July, 2009,
for the 28`h day of July, 2009, Planning Commission meeting as prescribed
by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and by
mailing a copy of said public hearing notice to all property owners and
residents within 500 feet of the site; and
WHEREAS, the collocation of six panel antennas on an existing
telecommunication monopalm tower will minimize adverse visual effects of
the antennas and equipment on the surrounding area; and
WHEREAS, the communication facility will improve telecommunication
service within the City of La Quinta by providing alternative service provider
options to residents; and
WHEREAS, at said Public Hearing, upon hearing and considering -all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
Planning Commission Resolution 2009-022
Conditional Use Permit 2009-063, Amd. #2; Royal Street Communications
July 28, 2009
pursuant to Section 9.210.020 of the Zoning Code to justify approval of said
Conditional Use Permit:
1. Consistency with the General Plan: The design and improvements of
the proposed equipment and telecommunication antennas are
consistent with La Quinta General Plan (Chapter 7) that requires
utilities and communication facilities to blend in with the surrounding
improvements and insures residents have access to reliable services
such as wireless telephones. The collocation of communication
antennas will result in less telecommunication towers being built in the
City. Collocation of antennas at this site will have a negligible impact
on the surrounding public thoroughfares and land uses.
2. Consistency with the Zoning Code: The proposed antenna collocation
and telecommunication equipment are consistent with current
standards of the Zoning Code (Chapter 9.90 and 9.170) in that the
potential adverse visual effects have been mitigated.
3. Compliance with CEQA: The antenna collocation and
telecommunication equipment have been determined to be exempt
from CEQA, under Guidelines Section 15332 (Infill Development) in
that the site is less than five (5) acres in size and is fully developed as
a storage facility (StorQuest) that is surrounded by urban infrastructure
improvements (e.g., water, sanitation, etc.).
4. Compatibility with Surrounding Uses: The proposed improvements are
located on an existing telecommunication tower and are adequately
screened from view through the design and location of the tower.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the Planning Commission for this Conditional Use Permit;
2. That it does hereby approve Conditional Use Permit 2009-063,
Amendment #2 for the reasons set forth in this Resolution and subject
to the attached Conditions of Approval;
Planning Commission Resolution 2009-022
Conditional Use Permit 2009-063, Amd. N2; Royal Street Communications
July 28, 2009
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 28" day of July, 2009, by the
following vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman
Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
nannniy vuGciui
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
GENERAL
1. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or annul the approval of this Site
Development Permit. The City shall have sole discretion in selecting its
defense council.
The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in the defense.
2. This permit shall expire on July 28, 2011, unless a one-year time extension
is applied for and granted by the Planning Commission pursuant to Section
9.200.080 of the Zoning Code.
3. Prior to the issuance of a grading, construction or building permit, the
applicant shall obtain applicable permits and/or clearances from the following
agencies, if applicable or required:
• Fire Marshall
• Planning Department
Public Works Department (Grading Permit, Green Sheet (Public Works
Clearance) for Building Permits, Improvement Permit)
• -Riverside County Environmental Health Department
• Coachella Valley Unified School District (CVUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
Sunline Transit Agency
California Water Quality Control Board (CWQCB)
• South Coast Air Quality Management District Coachella Valley
• Public Utilities Commission (PUC)
Federal Communication Commission (FCC)
• Federal Aviation Agency (FAA)
The applicant is responsible for all requirements of the permits or clearances
from the above listed agencies and departments. If the requirements include
approval of improvement plans, the applicant shall furnish proof of said
approvals prior to obtaining City approval of the plans.
1
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
IMPROVEMENT PLANS
As, used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor, and "architect," refer to persons currently certified or
licensed to practice their respective professions in the State of California.
4. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of LQMC Section 13.24.040 (Improvement Plans).
5. The following improvement plans shall be prepared and submitted for review
and approval by the Public Works Department. A separate set of plans for
each line item specified below shall be prepared. The plans shall utilize the
minimum scale specified, unless otherwise authorized by the City Engineer in
writing.. Plans may be prepared at a larger scale if additional detail or plan
,clarity is desired. Note, the applicant may be required to prepare other
improvement plans not listed here pursuant to improvements required by
other agencies and utility purveyors.
A. On -Site Precise Grading Plan 1 " = 20' Horizontal
The following plans shall be submitted to the. Building and Safety Department
for review and approval. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the Building and Safety Director in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies
and utility purveyors.
B. On -Site Non -Residential/ Commercial Precise Grading Plan
1 " = 20' Horizontal
Other engineered improvement plans prepared for City approval that are not
'listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
Irta
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
The applicant shall prepare an accessibility assessment on a marked up print
of the building floor plan identifying every building egress and notes the
2007 California Building Code accessibility requirements associated with
each door. The assessment must comply with submittal requirements of the
Building & Safety Department. A copy of the reviewed assessment shall be
submitted to the Engineering Department in conjunction with the Site
Development Plan when it is submitted for plan checking.
In addition to the normal set of improvement plans, a "On -Site Precise
Grading" plan is required to be submitted for approval by the Building
Official, Planning Director and the City Engineer.
"On -Site Precise Grading" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs
& gutters, building floor elevations, parking lot improvements and ADA
requirements.
6. Upon completion of construction, and prior to record drawing submittal of
the improvements by the City, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing" and shall
be stamped and signed by the engineer or surveyor certifying to the accuracy
and completeness of the drawings. The applicant shall have all approved
mylars previously submitted to the City, revised to reflect the as -built
conditions. The applicant shall employ or retain the Engineer Of Record
during the construction phase of the project so that the EOR. can make site
visits in support of preparing Record Drawings. However, if subsequent
approved revisions have been approved by the City Engineer and reflect said
"As -Built" conditions, the Engineer Of Record may submit a letter attesting
to said fact to the City Engineer in lieu of mylar submittal.
PRECISE GRADING
7. The applicant shall comply with the provisions of LQMC Section 13-24.050
(Grading Improvements).
8. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a grading permit approved by the City Engineer.
3
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
9. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
All grading shall conform to the recommendations contained in the
Preliminary Soils Report; and shall be certified as being adequate by a soils
engineer; or by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
10. The applicant shall maintain all open graded, undevelopedland in order to
prevent wind and/or water erosion of such land. All open graded,
undeveloped land shall either be planted with interim landscaping, or
stabilized with such other erosion control measures, as were approved in the
Fugitive Dust Control Plan.
11. Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform with the requirements of LQMC Section
9.60.240(F) except as otherwise modified by this condition requirement.
The maximum slope shall not exceed 3:1 anywhere in the landscape setback
area, except for the backslope (i.e. the slope at the back of the landscape lot)
which shall not exceed 2:1 if fully planted with ground cover. The maximum
slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when
the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the
maximum slope within the right of way shall not exceed 3:1. All unpaved
parkway areas adjacent to the curb shall be depressed one and one-half
inches (1.5") in the first eighteen inches '(18") behind the curb.
12. Building pad elevations on the rough grading plan submitted for City
Engineer's approval shall conform with pad elevations shown on the tentative
map, unless the pad elevations have other requirements imposed elsewhere
in these Conditions of Approval.
M
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
13. Building pad elevations of perimeter lots shall not differ by more that one
foot higher from the building pads in adjacent developments.
14: Prior to the issuance of a building permit for any building lot, the applicant
shall provide a lot pad certification stamped and signed by a qualified
engineer or surveyor with applicable compaction tests and over excavation
documentation.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if
any. Such pad certification shall also list the relative compaction of the pad
soil. The data shall be organized by lot number, and listed cumulatively if
submitted at different times.
DRAINAGE
15. Stormwater handling shall conform with the approved hydrology and
drainage report La Quinta Self Storage as shown on Plan Set No. 97006.
Nuisance water shall be disposed of in an approved manner.
16. , As the applicant proposes discharge of storm water directly, or indirectly,
into the Coachella Valley Stormwater Channel, he shall indemnify the City
from the costs of any sampling and testing of the development's drainage
discharge which may be required under the City's NPDES Permit or other
City- or area -wide pollution prevention program, and for any other obligations
and/or expenses which may arise from such discharge. The indemnification
shall be executed and furnished to the City prior to the issuance of any
grading, construction or building permit, and shall be binding on all heirs,
executors, administrators, assigns, and successors in interest in the land
within this tentative parcel map excepting therefrom those portions required
to be dedicated or deeded for public use. The form of the indemnification
shall be acceptable to the City Attorney. If such discharge is approved for
this development, the applicant shall make provisions in the final
development CC&Rs for meeting these potential obligations. The 100-year
storm water HGL shall be 3 feet below the channel lining and 2 feet below
the Project Storm HGL
E
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
PROPERTY RIGHTS
17. Prior to issuance of any .permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed installation. The applicant shall allow City staff
or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. Pursuant to the
aforementioned, the applicant shall submit and execute an
"AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form.
located at the Public Works Department Counter prior to Certificate of
Occupancy.
18. Pursuant to the aforementioned condition, conferred rights shall include
approvals from the City of La Quinta over easements and other property
rights necessary for construction and proper functioning of the proposed
development not limited to access rights over the existing parking lot
facilities and entry access drives. Additionally, the applicant shall enter into
agreements with all users within the property for reciprocal access rights
and/or as specified in the lease agreement.
UTILITIES
1.9. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
20. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within any right-of-way, and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electric vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
21. Underground utilities shall be installed prior to overlaying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply
with trench restoration requirements as required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction
for approval by the City Engineer. Additionally, grease traps and the
maintenance thereof shall be located so as to not conflict with access
aisles/entrances.
6
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
`PARKING/ACCESS POINTS
22. General access points and turning movements of traffic to the site are limited
to those approved for the existing access drive from Corporate Center Drive
and these conditions of approval.
23. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs
and sidewalks.
24. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved
by the City Engineer. Improvement plans for streets, access gates and
parking areas shall be stamped and signed by qualified engineers.
MAINTENANCE
25. The applicant shall make provisions for continuous, perpetual maintenance of
all on -site improvements. The applicant shall maintain required public
improvements until expressly released from its responsibility by the
appropriate public agency.
FEE AND DEPOSITS
26. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
27. The applicant shall comply with CEQA Article 19 § 15301 Class 1, and shall
pay to the City a $64 filing fee for the cost of recording the Notice of
Exemption with the County Recorder.
LANDSCAPE AND IRRIGATION
28. The applicant shall submit a landscaping plan, to the Planning Department at
the time of submittal for building permit plan check. The plan shall identify
the type, height and location of the palm tree and any necessary irrigation
improvements. Landscape areas shall have permanent irrigation
improvements meeting the requirements of the Planning Director.
7
PLANNING COMMISSION RESOLUTION 2009-022
CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009'
PLANNING
29. The panel antennas shall not exceed a height of three (3) feet and shall be
mounted securely to the monopalm tower. All antennas shall be painted to
match the existing monopalm tower.
30. The applicant shall replace the 'dead' palm tree at the site -and replace it with
one (1) forty (40) foot tall palm tree in close proximity to the existing'
monopalm tower. The applicant is responsible for the health and maintenance
of the palm tree and shall be responsible for the palm trees replacement if
determined necessary by the City.
31: Heavy gauge, opaque metal gates shall be installed. Chain link fencing is
prohibited.
32. The applicant shall negotiate in good faith for shared use by third parties; an
owner generally will negotiate in the order in which requests for information
are received, except an owner generally will negotiate with a party .who has
received an FCC license or permit before doing so with other parties.
Prior ,to issuance of any building permit or improvement, Royal Street
Communications shall secure a lease agreement with the property owner, a
copy of which shall be submitted to the Planning Department.
34. Royal Street Communications shall have a continuing obligation to respond to
and resolve any and all complaints associated with any potential interference
with frequencies related to residential and/or life safety communications and
operations. Response shall be within 48 hours of receipt of notice of any
such complaints.
f3